Our client struck the side rear trailer of a tractor trailer in Atlanta. Police and EMS responded to the scene. The Atlanta officer smelled a strong odor of an alcoholic beverage from our client and his eyes were bloodshot and glassy. Our client also admitted to drinking multiple alcoholic beverages. He was arrested and transported to Grady detention. The prosecution obtained a search warrant for our client’s medical records that revealed an alcohol concentration of .157. Mr. Sullivan was able to convince the prosecutor that not only was the hospital blood test inadmissible, but that our client’s statutory due process rights were violated when the officer did not read the Georgia Implied Consent Notice to our client, which also advises a right to an independent test. The DUI charge was dismissed and our client entered a negotiated plea to minor traffic offenses.

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